Many thanks for your patience. I would agree that this is indeed a likely breach of trust and confidence by this employee, but unfortunately your rights are rather limited at this stage. This is mainly to do with your length of service with this employer.
If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:
· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
· Being a part-time worker
In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.
However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So it means that they could potentially dismiss you because of this, even if they were the ones in breach. It is the lack of qualifying service which means that they can potentially dismiss you unfairly and you cannot challenge it. I would hope that they do not dismiss but just issue a warning, however be prepared in the event they do decide to go down the dismissal route.
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